| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 9/10 |
| Determination date | 20 January 2010 |
| Member | H Doyle |
| Representation | P James ; M Smyth |
| Location | Christchurch |
| Parties | Christey v Searell & Co Ltd |
| Summary | COSTS – Partially successful personal grievance – Unsuccessful counterclaim - One and half day investigation meeting - Applicant sought indemnity costs or significant contribution to costs – Applicant claimed two day investigation meeting, case complex, made reasonable attempts to settle matter, respondent’s counterclaim and expert witness incurred extra costs – Respondent argued daily tariff approach appropriate – Argued applicant’s claim excessive, counterclaim meritorious, and one and half day investigation meeting – Argued applicant’s settlement offer not Calderbank offer – Argued respondent’s settlement offer reasonable given applicant’s medical evidence not available to respondent until substantive investigation meeting – Authority found daily tariff approach appropriate – Found case not complex but involved several issues – Found counterclaim meritorious however increased costs – Found not appropriate case to take into account mediation costs – Found investigation meeting one and half days – Found applicant made without prejudice settlement offer however obtained greater compensatory award but lesser lost wages award – Found medical evidence not available to respondent at time applicant made settlement offer – Found additional telephone conference not needed therefore no adjustment made – Found $7,500 reasonable contribution to costs and $615 disbursements appropriate – Costs in favour of applicant |
| Result | Costs in favour of applicant ($7,500) ; Disbursements in favour of applicant ($615.50) |
| Main Category | Costs |
| Cases Cited | The Chief Executive of the Department of Corrections v Tawhiwhirangi, unreported, Shaw J, 10 Mar 2008, WC 4A/08;Cliff & Anor v Air New Zealand Ltd unreported, Shaw J, 17 Nov 2006, AC 47A/06;Graham v Airways Corporation of New Zealand Ltd (2004) 7 NZELC 97,421;Sefo v Sealord Shellfish Ltd unreported, Colgan CJ, 4 June 2008, CC 4B/08;Waugh v Commissioner of Police [2004] 1 ERNZ 450 |
| Number of Pages | 6 |
| PDF File Link: | ca 9_10.pdf [pdf 24 KB] |